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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Justices of the Peace (Miscellaneous) Amendment
Bill 2016
A BILL FOR
An Act to amend the
Justices
of the Peace Act 2005
.
Contents
Part 2—Amendment of Justices of the
Peace Act 2005
4Amendment of section 4—Appointment of
suitable persons as justices
5Amendment of section 5—Appointment of
persons occupying certain offices as justices
6Amendment of section 6—Justices must take
oath before exercising official powers
7Amendment of section 7—Special
justices
8Amendment of section 10—Justice may apply
for suspension of official duties for personal reasons
9Amendment of section 11—Disciplinary
action, suspension and removal of justices from office
10Amendment of section 12—Disciplinary
action—retired justices
11Amendment of section 16—Offence to hold
out etc
12Insertion of sections 16A and
16B
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Justices of the Peace (Miscellaneous)
Amendment Act 2016.
This Act will come into operation on a day to be fixed by
proclamation.
In this Act, a provision under a heading referring to the amendment of a
specified Act amends the Act so specified.
Part 2—Amendment
of Justices of the Peace
Act 2005
4—Amendment
of section 4—Appointment of suitable persons as
justices
(1) Section 4(1)—delete subsection (1) and substitute:
(1) The Attorney-General may, by notice in the Gazette, appoint a suitable
person to be a justice of the peace for South Australia.
(2) Section 4(2)—delete "Governor" and substitute:
Attorney-General
(3) Section 4(5)—delete subsection (5) and substitute:
(5) The Attorney-General may require that information in, or accompanying,
an application for appointment be verified by the applicant by statutory
declaration.
(4) Section 4(8)—delete "will not recommend the appointment of" and
substitute:
must not appoint
5—Amendment
of section 5—Appointment of persons occupying certain offices as
justices
Section 5—delete "Governor" wherever occurring and substitute in each
case:
Attorney-General
6—Amendment
of section 6—Justices must take oath before exercising official
powers
(1) Section 6(2)(a)—delete paragraph (a) and substitute:
(a) be taken before—
(i) a Judge or Master of the Supreme Court; or
(ii) a Judge or Master of the District Court; or
(iii) a Magistrate; or
(iv) a commissioner for taking affidavits in the Supreme Court,
within 3 months after the justice's appointment; and
(2) Section 6—after subsection (2) insert:
(3) This section does not apply to a person who is re-appointed as a
justice and has complied with this section in relation to the person's first
appointment as a justice.
7—Amendment
of section 7—Special justices
(1) Section 7(1)—delete subsection (1) and substitute:
(1) The Attorney-General may appoint a justice to be a special
justice.
(2) Section 7(2)—delete "Governor" and substitute:
Attorney-General
(3) Section 7(3)—delete "will not recommend that a justice be
appointed" and substitute:
must not appoint a justice
(4) Section 7(5)—delete "Governor" and substitute:
Attorney-General
8—Amendment
of section 10—Justice may apply for suspension of official duties for
personal reasons
(1) Section 10(1)—delete "Governor" and substitute:
Attorney-General
(2) Section 10—after subsection (2) insert:
(2a) A justice whose office has been suspended under this section by
reason of a prolonged absence from the State must, on or before the period of
suspension expires, notify the Attorney-General whether the justice intends to
return to the State when the period of suspension expires.
9—Amendment
of section 11—Disciplinary action, suspension and removal of justices from
office
(1) Section 11(1)—delete subsection (1) and substitute:
(1) There is proper cause for taking disciplinary action against a justice
if the justice breaches or fails to comply with—
(a) this Act; or
(b) a condition of his or her appointment (whether as a justice or special
justice); or
(c) a prescribed provision of a code of conduct.
(2) Section 11(2)—delete "Governor" wherever occurring and
substitute in each case:
Attorney-General
(3) Section 11(3)—delete "Governor" and substitute:
Attorney-General
(4) Section 11(5)—delete "Governor" wherever occurring and
substitute in each case:
Attorney-General
(5) Section 11(5)(d)—delete "Governor's" and substitute:
Attorney-General's
(6) Section 11(6)—delete "Governor" and substitute:
Attorney-General
10—Amendment
of section 12—Disciplinary action—retired
justices
Section 12(2)—delete "Governor" wherever occurring and substitute in
each case:
Attorney-General
11—Amendment
of section 16—Offence to hold out etc
Section 16(4)(c)—delete "Governor" and substitute:
Attorney-General
12—Insertion
of sections 16A and 16B
After section 16 insert:
16A—False statements
A person must not make a statement that is false or misleading in a
material particular (whether by reason of the inclusion or omission of any
particular) in any information provided under this Act.
Maximum penalty:
(a) if the person made the statement knowing that it was false or
misleading—$10 000 or imprisonment for 2 years; or
(b) in any other case—$5 000.
16B—Delegation
(1) The Attorney-General may delegate a power or function of the
Attorney-General under this Act.
(2) A delegation under this section—
(a) may be made—
(i) to a particular person or body; or
(ii) to the person for the time being occupying a particular office or
position; and
(b) may be absolute or subject to conditions or limitations specified in
the instrument of delegation; and
(c) if the instrument of delegation so provides, may be further delegated
by the delegate; and
(d) is revocable at will and does not derogate from the power of the
delegator to act in any matter.